9013-1. MOTION PAPERS

9013-1. Motion Papers.

(a) Matters Covered by Rule. This rule shall apply to initial papers, response papers, and reply papers in any case or adversary proceeding.

(b) Form. Initial papers shall include the following separate documents:

(1) The first document, Notice of Hearing, shall state the date, time, and location of hearing (if any);

(2) The second document, the Motion, shall provide a concise statement of what relief or Court action the movant seeks; and

(3) The third document, the memorandum of points and authorities, shall provide a statement of the issues to be decided, a succinct statement of the relevant facts, and argument of the party, citing supporting authorities.

(c) Length. Unless the Court expressly orders otherwise, the initial memoranda of points and authorities shall not exceed 25 pages of text, and reply memoranda shall not exceed 15 pages of text. Any memorandum exceeding 10 pages of text shall also include a table of contents and a table of authorities.

(d) Affidavits or Declarations.

(1) Factual contentions made in support of or in opposition to any motion, application or objection should be supported by affidavits or declarations and appropriate references to the record. Extracts from depositions, interrogatory answers, requests for admission and other evidentiary matter must be appropriately authenticated by affidavit or declaration.

(2) Affidavits and declarations shall contain only facts, shall conform as far as possible to the requirements of Fed. R. Civ. P. 56(e), and shall avoid conclusions and argument. Any statement made upon information or belief shall specify the basis therefor. Affidavits and declarations not in compliance with this rule may be stricken in whole or in part.

(3) Each affidavit or declaration shall be filed as a separate document.

(e) Supplementary Materials. Prior to the noticed hearing date, counsel may bring to the Court’s attention relevant judicial opinions published after the date the opposition or reply was filed by filing and serving a Statement of Recent Development, containing a citation to and providing a copy of the new opinion without argument. Otherwise, once a reply is filed, no additional memoranda, papers or letters shall be filed without prior Court approval.


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